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HomeMy WebLinkAboutOpening of Bids - VPA Maintenence Storage Building Project No 118-046R - Brown & Brown General ContractorsCITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK rosa Project Name VPA Maintenance Storage Building Project No,118-046R For Bids Due August 28, 2018 PARTI (Must be completed for all bids. Please type or print) Date: August 28, 2018 Bidder (Firm): Brown & Brown General Contractors, Inc. Address: 124 S. Elkhart St,, PO Box 487 City/StatelZip: Wakarusa, IN 46,573-0487 Telephone Number: (, 574 ) 862-2171 Agent of Bidder (if Applicable): Pursuant to notices given, the, undersigned offers to furnish labor and/or material necessary to complete the public works project of: VPA Maintenance Storage Building the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Kil Architecture/Planning and dated August 3, 2018 for the sum of (enter the Total Bid as shown on the Proposal) Three hundred thirty-four thousand seven hundred thirty and 00/1 0O ($ 334,730.00 (Enter sum of Total Base Bid plus Alternates shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply', the undersigned submits a proposal for each in accordance with the notice. Any a,ddendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend, If the, bid is to be awarded on a unit basis, the itemization of the units shall be shown on a s"I'arattatt ent. By Eric Brown, President (Slgnature) (Printed Warne of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: 1#1031A N;X01111111911FOR Gary A. Gilot, President Elizabeth A. Maradik, Member no] Suzanna M. Fritzberg, Member Therese J. Dorau, Member James A. Mueller, Member Attest: Linda M. Martin, Clerk Version '10117/2017 Contractor's Bid for Public Works - 2 Project Name Project No. For, Bids Due BASE BID M I 0712�1 VPA Maintenance Storage Building .. . ......... 118-046R August 28, 2018 Item No, Description Quantity Unit Unit Price .... ........... Total' Amount Building Addition: pre-engineered metal 1 building addition delivered to site, 1 LS 1018,296.,00 108,296.00 erection,, roof panels, wall panels, insulation (superstructure) 2 Sectional OH Doors, operators, service I LS doors 21,330,00 21,330.00 3 Excavation, Concrete foundation and 1 LS concrete floor slab (substructure) 76,096.00 76,096.00 4 Site work: Excavation, drywells, crushed 1 LS stone 88,543,00 88,543.00 5 Electrical Power and Lighting 1 LS 18,985.00 18,985.00 BASE BID TOTAL 313,250.00 ALTERNATE#11 Item Description Quantity Unit Unit Price Total Amount Unit price for from one to three concrete 1 aprons, as shown on C1. 1 (alternates ea LS 1,116,00 3,348.00 for 1b, 1JAll to be 19'x 6'x6", _ ALTERNATE #2 three ALTERNATE #1 EACH', 1, 116,00 each Item, Description Quantity Unit Unit Price Total Amount 11 20'x 8' high gate with chain and pad lock. LS 2,785.00 2,785.00 ALTERNATE #2 TOTAL 2,785.00 ALTERNATE #3 Item Description Quantity Unit Unit Price Total Amount _4�7_0 CF -x6'high chain link fencing with 1 one 16'x 6' high double gate on west 470 LF 15,347,00 15,347.00 side, at curb cut near Sample Street. ALTERNATE #3 TOTAL 15,347.0�0 Bidder (Firm); Brown & Brown General Contractors, Inc. Address: 124 S. Elkhart St., PO Box 487 City/State/Zip: Wakarusa, IN 46573-0487 Telephone Number: ( 57,4 ) 862-2171 By 6C_ 11�iqaz,_7 (Signature) Eric Brown, President (Printed Name of Person Signing) 08-22-2018 Contractor's Bid for Public Works - 1 When the prospective Contractor is unable to certify to any of the statements below, it shall attack an crplanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: Elkhart COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 10/17/2017 Contractor's Bid for Public Works - 4 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MME. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 10117/2017 Contractor's Bid for Public Works - 5 rnay result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 27th day of August, 2018 Subscribed and sworn to before me this 27th My Commission Expires 3/1/2,019 County of Residence Brown & Brown General Contractors, Inc. Contractor/11idder (Fir , rwl Signaturi &�Contractor/Bidder or I Its Agent Eric Brown, President Printed Name and Title day of August —, 20 18 Notary Pub is O"TAR "I" e St. Joseph n= /N D Version 10/17/2017 Contractor's Bid for Public Works - 6 Init. %towAIA Document A31 OTM -2010 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Brown & Brown General Contractors, Inc. of business) P. O. Box 487 Philadelphia Indemnity Insurance Company This document has important legal Wakarusa, IN 46573-0487 Bala Cynwyd, PA consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend Board of Public Works modification. County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid j plural where applicable. PROJECT: (Name, location or address, and Project number, if any) VPA Maintenance Storage Building; Public Works Project No. I I 8-046R The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 8th day of August 2018 wW Brown &Brown General Contractors Inc. (Principal) (Seal) Witness () Tide) iz ,izae Philadelphia Indemnity Insurance Company (Surety) (Seal) 1100", (Witness) pQfer L. kdsznfa, Att*ey in Fact W CAUT110You should algin ain origlinal AIA Contrael luoculment, on lt!6", this text appears In IR rip. Ain odgin,M assure-m that chainges willl not be obsctireid. AIA Document A31 OTm - 2010. Copyright @ 1963,19,70 and 2010 by The American Institute of Architects. All rights reserved. WA it �Ttfls X0 Doicument is protected by US. CopyrWh,t A aw, and IloternationM Treafies. Unaluthorlized reproducUorw or dlstrlbuflora of Uds MAO Docummit, or any poi "Holl of H, rnay restflg in severe dyll and WnVnall penalties, anrd wfll Ibe Prosecuted to the mwtfirniurn extent posalble under the law, Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ala.org. 0611 IG PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Barbara Pearson, Jordan 'Schelber, Jennifer Knsznht, Mark Wobbe Megan Riesenberg, Nicole Bicknell Sandra Junk, Theresa Burns Wesley Mantooth William Cerney HI and Cheryl Alklre of Gibson Insurance Agency, Inc. its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $1,00,000,001.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company. (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute ail behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove', at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURPHER, RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such. Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is. attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27rrr DAY OF OCT'OBER, 2017. �n4,o rvorexrae 051)1 ry s m , (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27"' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA, INDEMNITY INSURANCE COMPANY; that the seal affixed to said 'instrument is. the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. 06MMONWEALTH OF PENNSYLVANIA NOTARUILSCRI akmapp NPl.� Pabk Notary Public: lily Cammd.as1'ary Expd,as 5ap1. 25.2021 M1�pb p.P R N'M N.AIOX qI KKJ residing at: ('Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 1, Edward Sayago, 'Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are true and correct and are still in full fence and effect, I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney tire duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In. Testimony Whereof I have subscribed my name and affixed the facsimile seal of each. Company this day of I' , M 20 T. 1 fl t' Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1316 COLWYATIN BUILDINO flit( ME 227 BOULEVARD SOUTI i BN D F INDI A N A 4 6 60' 1- 18 IDD , .3f2 CITY OF Sou, rT t B i N f BUIT16112"G, MAYOR, Date: To: From Subject Project Name Project No,: BOARI) OF PUBLIC WORK'S August 21, 2018 All Planholders Linda M. Martin, Clerk, Board of Public Works Addendum Number: I 574/ 235-925 1 574/ 235-9171 5741235.5567 VPA New Maintenance Storage Building (Re -bid) VPA Project No 10,62-2018 / Public Works Project No 118-046R Date Received: August 21, 2018 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt.A copy MUST also be included with your bid package upon submittal. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Brown & Brown General Contractors, Inc. Authorized Signature: 2dg"-L &449!1- i/ Date: Auqust 21, 2018 't'ov V ff N�ow 574/ 235-9251 1316 (OUNTY-0"j'y BIJUDING 227 W-hmimON Bot,axVARD F"kx 5741235-9171 SOUM BIND, INDIANA 46601- 1830 TIA) 574/ 235-5567 Ury ot,' Sou'ri i 13FNI) B IfTrIGIEG, MAY011( BOARD OF PUBUC WORKS Date: August 22, 2018 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: 2 Project Name: VPA New Maintenance Storage Building (Re -bid) Project No.: VPA Project No 1062-2018 / Public Works Project No 118-046R Date Received: Auaiust 22, 2018 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this, Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package: upon submittal. ore IRVAUAI-&'I Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a pail of herein. Company: Brown & Brown General Contractors, Inc. Authorized Signature: Wa4r& /�-u Date: Auust 22, 2018 re 1. W_1JJ41 imm"4111M Or : 93 Project Name VPA Maintenance Storage Building Project No. For Bids Due 1118-046IR August 28, 2018 From time to, time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providiing either a Certified Check or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed, Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MRE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBEANBE Contacted Form [MWBE-2,1]. City of South Bend, Indiana Contractor's Bid for Public Work Responsible Bidder Checklist. Acknowledge Receipt of 1,2 Addendum(s) included with the bid. All required additional information is included with the bid. Proposal, statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read ands comply with the specifications. Bidder: Brown & Brown General Contractors, Inc. Date: August 28, 2018 By Authorized Representative: /11 C Signature: Print Name & Title: Eric Brown, President Version 1,0/17/2017 Contractor's Bid for Public Works - 1 ui LU (1) 2 0. OC Im Z F- w IM z w 0 m U) w F- CL M I-- 0 z Z UJ U. =) 0 co i(L 0 F- LU LU 2 > 0 uj z 0 z 5 Z, 0 F- CL w IL w CO 0 u- w m .2 an Z 0 Lu'O M 0 M.'s LU 0 2: o 0 +g ,S rr (1) IL 0 0) CL '41j a) r- O' 0 CA 0 0 O'g 0) CL 4� m Lu > CL 2 CL 0 0 0. U) ,= W U) � !R 0 r ,a.- 0 0.0 E:5 ME 0 (D 0 = m 5 0 21) a 1- z 0 4i E M z 2 CL 71, to Iq 9 co 0 0 (D w a) m CT w m 2E 0 0 75 M-6 0) P 0 —2 c 0 a H 0 (U 0 E < w �a 0 0 CL as (U Aas (D C: 20 0 (D L) CL 0 0 Ui a) CL 0 , -cr-ro -2 (1) m L) E U) :E- F 0 LU co Ci Lo (n Z 'D 'D 2— -0 < CO C: wZ 00 a) 7P a) Co E— M C: fiti0 U) ::3 o w U) 20 00 C) 04 2 m a) E m z z CL CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed forme should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBENVBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: Project Name Bidder: 118-04,6R _VPA Maintenance Storage Building Brown & Brown General Contractors, Inc. Contact Person: Eric Brown Address: 124 S. Elkhart St., PO Box 487 Date: August 28, 2018 Telephone: 574-862-2171 City: - Wakarusa State: IN Zip: 46573-0487 Email: eric@bbgc.us To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBEtWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program,, which uses the IDOA approved list of Minority and Women Owned Business as found on their web,site (1http1/wwwJn.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBE/WBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation, and/or trade association publications concerning subcontracting opportunities, and allow MBE1WBEs reasonable time to, respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBE/WBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively, 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBE/WBE firms. **Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBEIWBES, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBIEANIBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBE/WBEs in, order to increase the likelihood of meeting the MBE/WBE goals (including breaking down, contracts into smaller units to facilitate IMBEANBIE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBEMBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE/WBE was uniqualified to perform the job. *Proper demonstration, of Good Faith Effort requires your Initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid) by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 10/17/20117 Contractor's Bid for Public Works - 10 CITY OF SOUTH BEND MINORITY AND ipWOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBE1WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE 1 OF 1 Project Number: 118-046R MBE/WBE Participation Goal Project Namie: VIDA Maintenance Storage Building Bidder: Brown & Brown General Contractors, Inc. By: President August 28, 2018 (Signature) (Title) (Date) IMBENVBE Firm McMann Electric Owner or Contact at MBE/WBE Firm Terri McMann Telephone: 5,74-288-4777 Fax: Email: ritl204@datacruz.com TYPE OF WORK SOLICITED FOR THIS PROJECT: earthwork RESULTS OF CONTACT WITH THE MBE/WBE FIRM: bidding project MBE/WBE Firm McMann Electric Owner or Contact at MBEANBE Firm Terri McMann Telephone; 574-674-5748 Fax: Email: terrimcmann@mcmannelectric.com TYPE OF WORK SOLICITED FOR THIS PROJECT: electrical RESULTS OF CONTACT WITH THE MBE/WBE FIRM: notbidding project Version 10/1712017 Contractor's Bid for Public Works - 11 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name: VPA Maintenance Storage Building Project No.: 118-046 R For Bids Due: August 28, 2018 Contractor Name: Brown & Brown General Contractors, Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section li only. Section li acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 3181 for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. if the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. 06-18-2018 Contractor's Bid for Public Works - 12 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractors)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. 06-18-2018 Contractor's Bid for Public Works -13 I. PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements 0) By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments (i) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. (iii) Evidence that I am utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract. (iv) _ List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. 06-18-2018 Contractor's Bid for Public Works - 14 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements (i) x By checking this box, I hereby acknowledge that I am not a pre - qualified bidder with the City of South Bend. (ii) x By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) x By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (Iv) x By checking this box, I hereby acknowledge and ensure that I and all sub -contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub- contractors have the necessary licenses to undertake the work called for In this bid. If a sub -contractor loses their license at any point, it is the responsibility of that sub -contractor to notify the City. (b) Attachments (I) X Indiana Secretary of State's on-line records (le. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) x List identifying all former business names. (III) x Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (Iv) x Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) x Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) x Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) x Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (vill) x Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. (ix) x Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (x) x List of projects of similar size and scope of work performed in all 06-18-2018 Contractor's Bid for Public Works -15 areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date; August 28, 2018 ae-lvlr� (Sign Here) Eric Brown (Print Name Here) Brown & Brown General Contractors, Inc. (Name of Company) 124 S. Elkhart St., PO Box 487 (Address of Company) Wakarusa (City) Indiana (State) 574-862-2171 (Telephone Number) 06-18-2018 Contractor's Bid for Public Works -16 MUMLOC -Raja Arown and I x'own OUERAL CONTRACTORS [Pic. 124 S. ELKHART ST. P.O. BOX 487 WAKARUSA, INDIANA 46573•0487 PHONE:1574) 062.2171 FAX: 15741 862.3930 VOLUNTARY ALTERNATE. Revise base bid building to have galvalume finish roof panels in lieu of painted roof panels and revise clear height to be 13'-1" in lieu of 14'-0". DEDUCT $14,000.00 Arown and I morn C,ENERAL C0NTRgCT0RS 1NC. 124 S. ELKHART ST. P.D. BOX 487 WAKARUSA, INDIANA 46573-4487 PHONE: (574) 862.2171 FAX: (574) 862.3930 Re: VPA Maintenance Storage Building Pre -qualification checklist (for bidders that are not pre -qualified) Attachments: (i) Secretary of State online record is attached (ii) List of former business names - there are none (iii) No court determinations (iv) Staffing capabilities is attached (v) Statement of individuals who will perform work on the project is attached (vi) Evidence of apprenticeship participation is attached (vii) Written plan for drug testing is attached (viii) Surety company information is attached (ix) Written statement of any federal, state or local tax liens is attached (x) List of similar projects is attached bilm :C -1040 Arown arid. I rown G E 1V E RAL C0 MTRACTO R S I IV C. 124 S. ELKHAAT ST. P.O. BOX 487 WAKAAUSA, INDIA111A 46573.0487 PHDIVE: 1574) 662.2171 FAX: 1574) 662.3930 Staffing capabilities Eric Brown, President Project Managers: Bradley Romine, Todd Marek Site superintendents: Eric Romine, Adam Loucks, Matt Hilty, Rick Rittenhouse, James Downing Labor sources: Union 413 Carpenters, Union 101 Cement Finishers, Union 91 Painters & Tapers 011VAUC 10.30 10 I r°own and I rown 0%6N E Fk A L C 0 M T A A U O P 8 I N C. 124 S. ELKHART Si. P.O. BOX 487 WAKARUSA, INDIANA 46573•0487 PHONE: 15741 662.2171 FAX: (5741 1162.3030 Statement (v) We hereby certify that individuals who will perform work on the public work project on our behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (ix) We have no federal, state and local tax liens or tax delinquencies. BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 08/13/2018 08:37 Alva Business Name: BROWN & BROWN GENERAL Business ID: 194303-158 CONTRACTORS INC Entity Type: Domestic For -Profit Corporation Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 06/30/2020 Date: Years Due: Creation Date: 06/02/1960 Principal Office Address: 124 S. Elkhart St., Wakarusa, IN, 46573 - 0487, USA Jurisdiction of Formation: Indiana Title Name Address Secretary Hannah M Aitken PO Box 487, WAKARUSA, IN, 46573, USA President Eric Brown PO Box 487, WAKARUSA, IN, 46573, USA Type: Individual Name: MARITA KREPS Address: 124 S. ELKHART ST., WAKARUSA, IN, 46573 - 0487, USA MIANAMENTUCKY/01110 REGIONAL COUNCIL OF CARPENTERS JOINTAPPRENTICESH11' ANT) TRAINING FUND Alffl. 1095 MARINERS DRIVE WARSAW, li 46582 ADMINISTRXf ION OFFICE 711(3yeenwood Springs Drive Greenwooa IN 46143 Phone: 317-807-1112 Fax: 317-8,07-1115 Ashland Campus 574 Carpenters Way Grayson, KY 41143 I'lione: 606-929-1378 IF= 502-996-8108 Indianapolis Campus August 16, 2018 711 Greenwood Sprirgs Drive Orcenwood, IN 46143 Phone: 3 17-807-1116 F= 317.807-1131 Brown & Brown General Contractor Lafayette Campus P.O. ox 487 B 2953 South Creasy Lane Lafayette, IN 47905 Wakarusa, IN 46573 Pho= 765-447-5959 Fax: 745-447-7670 RE: City of South Bend Bid Louisville Campus 1245 Durrett Gone To Whom lit May Concern: Louisville, KY 40213 Phone; 502-366-8668 Fax: 502-366-8678 This letter is In response to verification needed by Brown & Brown for work to be performed for the City of South Bend/VPA maintenance storage building project. Brown Merrillville Campus 1565 liast 70th Court & Brown regularly employs a number of apprentices affiliated with our apprenticeship Merril Mile, IN 46410 program and has done so for more than three years. We are registered with the United li 219-947-3348 States Department of Labor, Bureau of Apprenticeship and Training and our registration Fax, 219-947-1889 number Is 020 0537. Our program also participates In the Building Trades Associate, Muncie Canipuv Degree Program with Ivy Tech Community College and has done so since 1996, 4121 East Centenoiail Avenue Muncie, IN 47303 llhonw 765-288-90115 Brown & Brown is, a bona fide contractor in good standing with the Fax: 765-288-9298 Ind iaina/Kentucky/Oh to Regional Council of Carpenters Joint Aprwenticeship and Training Fund and is eligible to employ apprentice carpenters In the future. I have Newburgh Campus 5400 Covert Court enclosed copies of our certificates from the United States Department of Labor and Newburgh, IN 41630 from the Indiana Department of Veterans Affairs for GI educational benefits. Phone: 812-853-9312 Fax: 8 12-853-9316 If I can be of further assistance, please do not hesitate to give me a call. Torre Haute campus 3099 South 61h Strect Best regards, Terre Haute, IN 47802 Phoile: 817466-7899 Fax:812-466-9R40 Warsaw Cumpus 1095 Marinars Wye Dale Newlin Warsaw, IN 40582 Area Coordinator Phone: 574-267-5264 IKORCC JATF Faix: 574-269.[464 Warsaw Campus 11AUE M IN 04 1d s� x 10 H Ak �K uV• ��tl1�'�Q�"�h��� yy m w 4w 0 Ar Aw Plasterers' & Cement Masons' Apprentice Coordinator of Local Union #692 Phone 317-508-1609 Email hansen@p1cmloca169Zorg a 1044M TO WHOM IT MAY CONCERN, AUGUST 27, 2018 THIS LETTER IS TO CERTIFY THAT BROWN & BROWN GC HAS BEEN A SIGNATORY UNION CONTRACTOR WITH THE PLASTERERS` AND CEMENT MASONS' JOINT APPRENTICESHIP TRAINING PROGRAM OF LOCAL 692, FOR AT LEAST THE LAST FIVE YEARS, AND IS IN GOOD STANDING. THEY HAVE A SIGNED CONTRACT WITH LOCAL 692 AND ARE ELIGIBLE TO USE UNION PLASTERERS' APPRENTICES AND UNION CEMENT MASONS' APPRENTICES. THROUGH THIS CONTRACT AND OTHERS, THE FINANCIAL OBLIGATIONS OF TRAINING AND SAFETY ISSUES ARE MET. ALL OF THE APPRENTICES ARE REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF APPRENTICESHIP AND TRAINING. SINCERELY, PAT HANSEN APPRENTICESHIP COORDINATOR FOR LOCAL 692 220 N. FWton St. Indianapolis, IN 46202 U.S. Department of Labor 46 East Ohio St. — Room 511 Phone: 317/226-7001 Indianapolis, IN 46204 Fax: 317/226-7015 OFFICE OF APPRENTICESHIP Employment and Training Administration Mr. Pat Hansen. Coordinator Plasterers & C'emem Masons Local 4692 7ATC (mailing)220 N. Fulton Street, Indianapolis, IN 46202 (school) 9200 Louisiaiin Street Merrillville; IN 46410 Re: EEO Compliance review (and Quality Assessment) Dear Mr. Hansen; Our recent EEC) Compliance Review (anal Quality Assessment) of your registered apprenticeship program, Plasterers & Cement Masons Local #692 1ATC was conducted on April 11, 2017 and October 5, 2016. This review covered the time period 08/15/20-15 (date of your last review) through 10/04/2016. We are writing to inform you that our office found no apparent violations of the requirements governing registered apprenticeship programs as set forth in regulations at 29 CFR fart 29, „Labor Standards for the Registration of Apprenticeship Programs," and Part 30, "Equal Employment Opportunity in Apprenticeship and Training." Based on our review, it appears that your apprenticeship program is making good faith efforts to comply with the requirements of 29 CFR Parts 29 and 30. We note, however, that despite these efforts, there exists underutilization of women and minorities in your apprenticeship program and skilled workforce, including journeyworkers. Please be aware that Plasterers & Cement Masotis Local #692 JA'1TC; remains under an obligation, pursuant to the regulations at 29 CF=R fart 30 to continue with its good faith efforts to increase participation of women in its Registered Apprenticeship program. We sincerely appreciate the cooperation and courtesies extended by you and your office to the Department of Labor while we conducted the compliance review. If you have any questions or concerns, please do not hesitate to call. I can be reached at (317) 226- 7003. 5inc&C,ly, fir' !_ John Delgado ' State Director cc: Kathleen Sokolowski, ATR (]--4AOHddd oN% J/j�//, ice+ �Y■f4 .-� U a UJ LLJ 4 �• t w - i lilt �4 LO 0 August 16, 2018 I J i RE: Brown & Brown General Contractors, Inc. To Whom It May Concern: In compliance with the United States Department of Treasury's Listing of Certified Companies, this letter will serve to confirm that at this time the surety company Philadelphia Indemnity Insurance Company is listed with the United States Department of Treasury's Listing of Approved Sureties according to Department Circular 570. PHILADELPHIA INDEMNITY INSURANCE COMPANY Jennifer L. Kaszriia Attorney in Fact jIkJ r(O 9 w%v%v.G1bsoaIns.coin ((8)) t (000) 814-2t22 1 (000) 836-2122 I South Bend, IN Plymouth, IN I ndlanapahs, IN Fort Wayne, IN Elkhart, IN Kalamazoo, MI K R& PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite I OO Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That P141LADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Barbara Pearson, Jordan Seltetber, jenniferKasgula, Mark Wobbe, Me an Rieseriberg, Nicole Bicknell, Sandra Junk Theresa Burns, Wesley Mantooth, William Cerney III and Cheryl Alkire of Gibson Insurance Agency, Inc. its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind tire Company thereby, in an amount not to exceed $100,000,000,00. This Power of Attorney is granted and is signed and sealed by facsimile under and by tire authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company (hereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27 T" DAY OF OCTOBER, 2017. S, 27, F (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to are personally known, and being by me duty sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seat and his signature were duly affixed. C61A)AUNWEALtH OF PENNSY1 V"I& NOTAWALSEAL .My Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of tire Board of Directors and the Power of Attorney issued pursuant thereto on the 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. InTestimony Whereof I have subscribed my name and affixed the facsimile seat of each Company this day of 20 4 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART II (For projects of $150,000 or more — !C 36-1-12-4) Governmental Unit: City of South Bend, Board of Public Works Bidder (Firm) Brown & Brown General Contractors, Inc. Date (month, day, year). August 14, 2018 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 3,481,450.00 renovation 2017 Indiana University, Bloomington, IN 979,398.00 renovation 2016 Elkhart Public Library, Elkhart, IN 557,494.00 general trades 2017 Watervliet Public schools, Watervliet, MI 3,254,451.00 renovation 2017 Indiana University, Bloomington,IN What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 1,160,200.00 renovation/add 2018 Elkhart Comm. Schools, Elkhart, IN 6,104,700.00 general construction 2018 WaNee Community Schools, Nappanee, IN 1,141,066.00 new 2018 Walkerton Lincoln Twp Library, Walkerton, IN 385,000.00 new 2018 Town of North Liberty, North Liberty, IN 3. Have you ever failed to complete any work awarded to you? no If so, where and why? List references from private firms for which you have performed work. Dick Belcher, First Federal Savings Bank, Rochester, IN John Metzger, Culver Duck Farm, Middlebury, IN Jeff Ewing, 2nd AP Company L.P., Woburn, MA Samantha Hale, Holladay Properties, South Bend, IN Patti Toering, Matthews LLC, Notre Dame, IN SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) All work to be completed in a professional, workmanlike manner according to applicable plans, specifications and addendum. 2, Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. Art Mosaic & Tile, South Bend, IN - specialized floor finishes Interior Finishes, South Bend, IN - floor finishes Edward J. White, South Bend, IN - mechanical DeMuyt Masonry, Rome City, IN - masonry Martell Electric, South Bend, IN - electrical 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. Names and addresses of subcontractors to be furnished as specifications require. Equipment to be used by them is unknown to us. Bonds from subcontractors to be determined 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. Trucks, skid loaders; anything else we do not have will be rented. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Yes SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. BUILDING & CONSTRUCTION RESOURCE CENTER, INCw DRUG & ALCOHOL POLICY NORTHWEST INDIANA Promoting the Safety and Well -Being of Employes in the Workplace PARTICIPATING UNION CRAFTS • BRICKLAYERS • CARPENTERS • IBEW • IRONWORKERS • LABORERS • -MILLWRIGHTS * OPERATING ENGINEERS • PAINTERS • PIPEFITTERS ,*PLUMBERS • ROOFERS • SHEETMETAL WORKERS • TEAMSTERS • TECHNICAL ENGINEERS • PLASTERERS AND CEMENT MASONS • GLAZIERS This Policy has been approved by the Northwest Tndinnn Rivrinc-cc BUILDING & CONSTRUCTION RESOURCE CENTER, INC. 6050 Southport Road, Suite B Portage, Indiana 46368 Telephone: (219) 764-9500 Toll Free: (877) 988-5400 Fax: (219) 764-9505 Website: BCRCNet.com- Jim Bohlen Executive Director Your Employee Assistance Program (EAP): PERSPECTIVES (800) 456-6327 Poliev Revision January 1. 2006 INDEX PAGE Introduction The Policy Definitions 4 Drug Testing 11 Drug Group 13 Alcohol Testing 13 Payment for Testing 14 Initial Testing {Pre -Employment) 15 Random Testing 15 Probable Cause Testing 16 Post-Accident/Incident Testing 17 "Emergency" Work Assignment 18 Card System 19 Status Confirmation 19 Insufficient Specimen 20 Diluted Specimen 20 Adulterated, Substituted, and/or Out -of -Temperature Range Specimen. 21 Consequences for a Positive Test 2I Return -To -Duty Testing 23 Follow-up Testing 23 Disputed Positive Results 23 Appeals and Protections 24 Letters of Notice for Random Testing Attachment A - General Trades 25 Attachment B - Non -Bargaining 26 Attachment C - Pipe Fitters 27 Attachments I & 11 28-29 BUILDING AND CONSTRUCTION. RESOURCE CENTER, INC. INTRODUCTION The labor and management representatives of The Building and Construction Industry for Northwest Indiana have formed an alliance to address the problems caused by drug and alcohol abuse. Management and labor have created the Building and Construction Resource Center (hereafter "BCRC") an independent not -for -profit corporation which offers a wide range of services to its employees in the unionized construction industry, which include employers, labor union organizations, construction industry and related workers. It is BCRC's goal to assist employers to establish and maintain workplaces that are free of the destructive effects caused when employees use drugs and/or abuse alcohol. BCRC's activities are not intended to interfere normal practices of the unions or management. BCRC recognizes its responsibility to communicate with and educate its employees relative to this policy, as well as the harmful effects of drugs and alcohol in our society and in the workplace. BCRC also recognizes the need to provide a program of assistance to those persons for whom drugs or alcohol may be causing problems. Finally, while. not wishing to violate the rights or invade the privacy of any employee, BCRC's drug testing program will seek to identify those employees who are unable or unwilling to conform to BCRC's program. This program has been established in accordance with federal guidelines for specimen collection, laboratory analysis and review, and standards of integrity and confidentiality. THE POLICY Persons who use illegal drugs or abuse alcohol or other controlled substances, on or off their jobs, are likely to be less productive, to be less reliable, to be more frequently absent, and to have other 1 work related problems that can cause increased cost, delays, accidents, and injuries. These employees can also damage the health, safety and well-being of other workers on the job. The unionized construction industry can control and reduce this problem through recognition of the problem, development of a comprehensive policy and program of education and information, promotion of an assistance program, and implementation of fair and respectful drug testing that conforms to federal guidelines for specimen collection and analysis. All of this is to be done with the utmost confidentiality and respect for the individual. In order to enhance substance abuse awareness among all employees, educational seminars and training programs will be offered. The educational seminars will be directed toward education about the seriousness of the nationwide problem of drug and alcohol abuse, and how the use of drugs and alcohol negatively impacts safety, productivity, and the competitive ability of the American workforce. Supervisors will be trained to identify employees in potentially difficult situations, and to recognize signs of impairment, as well as the supervisors' responsibility to document, intervene and follow up with the troubled individual. These sessions will be offered as ongoing training programs. BCRC encourages all employees troubled by their own, a family member's drug, or alcohol abuse to seek professional care and treatment. Early recognition and treatment of alcohol and drug abuse provides the greatest opportunity for successful recovery. BCRC provides an Employee Assistance Program (EAP) for all employees and their families who need professional guidance in assessing their substance abuse or alcohol -related problem and choosing an appropriate course of treatment. Current employees will be referred to an EAP representative as a result of a positive drug test or alcohol or upon an individual's own request. In either case, the content of the discussion with the EAP will be 0 protected and confidential, to the extent allowed by law. A participant's use of the EAP is confidential and information will not be released to BCRC or any of its subscribing organizations or participants without written release from the participant in accordance with the law. Employees who use the EAP as a consequence of a positive drug or alcohol test will be subject to the conditions established in the drug testing portion of this policy. The EAP staff has knowledge of the level and types of benefits available to BCRC employees. Employees can access the services of the EAP through a hotline that is staffed twenty-four (24) hours a clay, seven (7) days a week, throughout the entire year. Employees calling the EAP hotline are put in touch with a counselor who will conduct a professional assessment and who may meet with them to further assess the nature of the problem in order to provide a referral to the best and most appropriate level of care. The EAP is staffed by certified and credentialed human services professionals who are sensitive to the needs of the individual. Individuals who take the initiative to contact the EAP for assistance do so with the assurance that their calls will be treated -respectfully and confidentially. The direct services provided by the EAP are sponsored by BCRC. In compliance with Public Law 100-690 (The Drug -Free Workplace Act), which applies only to employers who have federal grants or federal contracts of more than $100,000, an employee who is convicted of a workplace drug or alcohol violation and who is employed by a BCRC affiliated employer must report this information to his/her immediate supervisor no later than five (5) days after such conviction. The supervisor must report this information immediately to the employer's Program Administrator. DEFINITIONS Adulterated specimen means a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. • Air blank means, in evidential breath testing devices (EBTs) using gas chromatography technology, a reading of the device's internal standard. In all other EBTs, a reading of ambient air containing no alcohol. • Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. • Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy (BrAC). • Alcohol confirmation test means a subsequent test using an EBT, following a screening test with a result of 4.04 or greater, which provides quantitative data about the alcohol concentration. • Alcohol Screening Device ASD means a breath device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a conforming products list (CPL) for such devices. • Alcohol screenin test means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen. • Alcohol testing site means a place selected by the employer where employees present themselves for the purpose of providing breath for an alcohol test. • AIcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. • Applicant means a person, independent contractor, or employer, or person working for an independent contractor, or employer 0 who applies to become an employee of a BCRC contractor/ employer participant, and includes a person who has received a job offer made contingent on the person passing a drug test. • Association means Building and Construction Resource Center, which is the association formed by labor and management representatives of the building and construction industry for Northwest Indiana, for the purpose of addressing problems of drugs and alcohol in the workplace. • Blind specimen or blind performance test specimen means a specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen. • Breath Alcohol Technician BAT is a person who instructs and assists employees in the alcohol testing process and operates an Evidential Breath Testing device (EBT). • Canceled test means a drug or alcohol test that has a problem identified that cannot be or has not been corrected. A canceled test is neither a positive nor a negative test. An employer is not permitted to take adverse job action based on a canceled test. • Card Manager is the individual designated by each employer who has the authority to access data information that will confirm the status of employees through the call -in system, through the BCRC scanner by swiping employees' identification cards, or by electronic e-mail. • Chain ofSp5tody means the procedure used to document the handling of the specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. • Collection container means a container into which the employee urinates to provide the specimen for a drug test. • Collections site means a place designated by BCRC where individuals present themselves for the purpose of providing a specimen to be analyzed for the presence of controlled substances, or for purposes of providing breath sample to be analyzed for alcohol concentration. • Collector means a person who instructs and assists employees at a collection site, who receives and makes an initial inspection 5 of the specimen provided by those employees, and who initiates and completes necessary forms. • Company means an employer who is a member of Building and Construction Resource Center. • Confirmation (or confirmatory) drug test means a second {?) analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. • Confirmation (or confirmato y) validitytest means a second test performed on a urine specimen to further support a validity test result. • Confirmed drug test means a confirmation test result received by an MRO from a laboratory. • Confirmatory test a) For alcohol testing, a confirmatory test is a second test following a screening test with a result of 0.02 or greater, conducted 15-30 minutes later, that provides quantitative data of alcohol concentration. This test is conducted on an EBT. b) For controlled ,substances testing, a confirmatory test is a second analytical procedure to identify the presence of a specific drug or metabolite. This confirmatory test is independent of the initial test and uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. • Contractor participant means an employer who is a contributing member of Building and Construction_ Resource Center • Controlled Substance means marijuana (THC), cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamines), barbiturates, benzodiazepine, propoxyphene, methadone and ecstasy. • DHHS means the Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services. • DHHS-approved laboratory means a laboratory that is certified by the U.S. Department of Health and Human Services. Drug tests under this program will be performed by a DHHS-certified laboratory. • Designated Employer Representative DER means the Human Resource Manager. Card Manager, Program Administrator or similar designee of each employer who shall receive necessary communications related to this program. • Dilute specimen means a specimen with creatinine and specific gravity values that are lower than expected for human urine. • DOT means U.S. Department of Transportation. Many of DOT's standards and procedures related to drug and alcohol testing are mirrored in BCRC'Ls drug and alcohol policy. • Drugs mean the substances for which tests are required under this policy and include marijuana (THC), cocaine, amphetamines (including methamphetamines), phencyclidine (PCP), opiates, barbiturates, benzodiazepine, propoxyphene, methadone and ecstasy. • Drug test means a test conducted for controlled substances. • Employee means an employee of a company, or of a contractor/employer participant who is a member of Building and Construction Resource Center. Employee Assistance Program (EAP) Counselor means a masters -level professional with an education in psychology, social work, counseling, etc. with knowledge of and clinical experience in diagnosis and treatment of alcohol and controlled substance related disorders. The EAP will assess and make recommendations concerning education, treatment, follow-up testing and aftercare. • Employer means a company, or a contractor/employer participant, who is a member of Building and Construction Resource Center. • Evidential Breath Testing Device (EBT) means a device approved by NHTSA for the evidential testing of breath at .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program. First occurrence Clause means if an employee does not report for a random test, and it is the first time the employee has failed to report, the Third Party Administrator (TPA) may allow the employee to take the test without reporting to the EAP for further review. Employees may utilize this clause only one time. • Initial test ffor drugs) means an immunoassay screen to eliminate negative urine specimens from further consideration. • Initial validity test means the first test used to determine if a specimen is adulterated, diluted, or substituted. • Invalid ft-p. test means the result of a drug test for a urine specimen that contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. • Laboratory means a U.S. laboratory certified by DHHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs. Licensed medical ractitioner means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs. • Medical Review Officer means a licensed physician responsible for receiving laboratory results generated by BCRC's drug testing program who has knowledge of substance abuse disorders and who has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. • Positive Test alcohol occurs when an employee's confirmatory test result reads 0.04% BrAC or higher. • Positive Test drug) occurs when an employee's confirmatory 0 test or retest result is at or above cutoff levels specified by DHHS and has been verified by the MRO to be a positive test. • Program Administrator means the individual who has administrative responsibilities for overseeing the drug and alcohol testing program for an employer. The Program Administrator may serve as an employer's DER. • Property means all employer -owned and/or -leased property, including but not limited to owned and/or leased buildings and other real estate, parking Iots and vehicles located on parking lots, and employer -owned and/or -leased vehicles, lockers, tools, equipment and desks. • Random selection means a scientifically valid method for selection of employees to be tested that result in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and does not give an employer discretion to waive the selection of any employee under the mechanism.. Thus, an employee may not be selected more than twice *(2) during a year. • Refuse to submit to an alcohol or controlled substances test means that an employee: 0 Fails(ed) to appear for any test (except a pre -employment test) within a reasonable time, as determined by the policy, after being directed to do so by the policy; 0 Fails(ed) to remain at the testing site until the testing process is complete; 0 Fails(ed) to provide a urine specimen for any drug test required by this policy; 0 In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen; 0 Fails(ed) to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no acceptable medical explanation for the failure; 0 Fails(ed) or declines to take a second test the employer or collector has directed the employee to take; 0 FaiIs(ed) to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the policy. In the case of a pre -employment drug test, the employee is deemed to have refused to test on this basis only if the pre -employment test is conducted following a contingent offer of employment; 0 Fails(ed) to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, provides incorrect or inaccurate information to the collection site or on necessary forms, or fails to complete all documents); 0 Provides a second (2) specimen that is diluted • Screening test for initial test? means: 0 In drug testing, a test to eliminate "negative" urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs. 0 In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen. • Screening Test Technician (STT1 means a person who instructs and assists employees in the alcohol testing process and operates an Alcohol Screening Device (ASD). • Shipping Container means a container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory. • Specimen means a sample of urine, used for analysis and/or diagnosis. For the purpose of this policy; specimen is defined as urine. Specimen bottle means the bottle that, after being sealed and labeled according to the procedures in this policy, is used to hold the urine specimen during transportation to the laboratory. • Split specimen means a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result. • Substituted specimen means a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. • Testing levels means levels at or above when a specimen is determined to be positive, and below when a specimen is determined to be negative. • Third Party Administrator (TPA) means an entity that provides or coordinates one or more drug and/or alcohol testing services to employers. A TPA typically provides or coordinates the provision of a number of such services and performs administrative tasks concerning the operation of drug and alcohol testing programs for employers. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the drug and alcohol testing programs of its members (e.g., having a combined random testing pool), • 'Verified test means a drug test result or validity testing result from a DHHS-certified laboratory that has undergone review and final determination by the MRO. DRUG TESTING BCRC will provide an identification card to each participant which will reflect the results of the Drug & Alcohol Screen Test from the laboratory and as confirmed by the Medical Review Officer (MRO). To implement an appropriate and acceptable program, BCRC has adopted six (6) safeguards that reflect the standards established by the U.S. Department of Health and Human Services (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) for testing mandated by the U.S. Department of Transportation. Those safeguards are as follows: 1. The integrity of collected urine specimens will be ensured by utilization of one collection procedure at all sites. Samples 11 will be collected in accordance with federal standards that provide for a continuous chain of custody and which recognize privacy concerns regarding the individuals being tested. 2. Testing will be conducted only by accredited labs that have obtained and retained DHHS certification. 3. All specimens that are positive in an initial screen. must then be confirmed by as chromatoraphy/mass spectrometry g (GC/MS). GC/MS confirmation is the state-of-the-art drug testing technology, providing a fingerprint of the detected drug. 4. A Medical Review Officer (MRO) will review all drug test positives prior to verification of positive test results. The MRO is a physician with specialty -training and expertise in substance abuse and drug testing. The MRO will review confirmed positive test results to ensure proper procedure, protocol, and reporting. The MRO will interview the individual who has a confirmed positive test result by telephone to investigate whether a legal prescription has caused the specimen to test positive. If the individual has no legal prescription, the MRO will take appropriate steps to report a verified positive to the BCRC-Program Administrator, who will then invalidate the employee's certification card. All persons who have tested positive must have their return to work cleared by the EAR 5. All positive ,specimens will be retained frozen in a locked facility at the testing laboratory for one (1) year. The retained specimens will be available should the results of that test be disputed or should arbitration or litigation arise out of the actions taken because of the test results. b. On a periodic basis, BCRC will submit blind pre -tested urine samples with appropriate documentation to the drug testing laboratory as a means of assuring itself of laboratory proficiency. DRUG GROUP The drug -testing program will test for the following drugs at these levels: Initial Confirmatory Analyte Screening Test Amphetamines 1000 ng/mL 500 ng/mL Cocaine 300 ng/mL 150 ng/mL Marijuana 50 ng/mL 15 ng/mL Opiates 2000 ng/mL 2000 ng/mL Phencyclidine 25 ng/mL 25 ng/mL Barbiturates 300 ng/mL 200 ng/mL Benzodiazepines 300 ng/mL 200 ng/mL Methadone 300 ng/mL 200 ng/mL Propoxyphene 300 ng/mL 200 ng/mL MDA-Analogues (Ecstasy) 250 ng/mL 200 ng/mL ALCOHOL TESTING 1. Alcohol tests (screening and confirmatory) will be performed on a device that appears on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL) and that meets the DOT's testing requirements. 2. When a specific time for an employee's test has been scheduled, and the employee does not appear at the collection site at the scheduled time, the Breath Alcohol Technician (BAT) will contact the Designated Employer Representative (DER), who may determine that the employee has refused to be tested. 3. For alcohol testing (screening and confirmatory), a breath sample will be collected and analyzed by a Breath Alcohol Technician (BAT) using.an Evidential Breath Testing device (EBT). For the screening test, a breath sample may be collected by the Screening Test Technician (STT), using an Alcohol Screening Device (ASD). 4. If the result of the screening test indicates an alcohol concentration of 0.02 or greater, a Breath Alcohol Technician 13 (BAT) will perform a confirmatory test, no less than fifteen (15) and no more than thirty (30) minutes after the completion of the screening test. 5. If the confirmatory test is positive (0.04 and above, BrAC), the Breath Alcohol Technician (BAT) shall immediately notify the BCRC/Employers DER. 6. Results of additional tests arranged by an employee, or requested by a medical practitioner, will not be considered. This includes testing of blood samples, hair samples, DNA, or any other testing methods or protocols. PAYMENT FOR TESTING Costs related to drug and alcohol testing will be borne by the program.except for re -testing of disputed test results by an employee. The issue of payment for the employee's time will be categorized as follows: 1. For new or current union members or employees seeking an initial test, the test is a condition of employment, and employees in the BCRC Program will not be paid for their time in providing a specimen for the initial test. 2. All current employees who are to test for any of the following:Late Random, Probable Cause, Post -Accident, Diluted Re -Test, Return -to -Duty, or Follow-up Testing or Retest due to a flawed or rejected test, will not be paid for their time in providing a specimen for the test. 3. Employees will be paid a (forty -dollar) $40 stipend by the program for the time necessary to secure subsequent random testing required by the program. It is understood that such testing will occur on the employee's time. Test to be taken with seven (7) days of notice. 4. Non -Bargaining and Pipe fitter's; trade code 14 are exempt from the stipend reimbursement. 14 INITIAL TESTING PRE -EMPLOYMENT Prospective employees and current employees of BCRC affiliated employers will be subject to the BCRC program. All persons who are eligible and who intend to obtain a BCRC card will be instructed to report to an approved BCRC collection site and to provide a urine specimen for initial (pre -employment) testing and a clear status before starting work for any participating employer. The individual will be directed by BCRC or by their employer, to report to a BCRC approved collection site location. These selected collection sites will have collection kits, chain -of -custody forms, and all other necessary supplies. RANDOM TESTING After the individual's completion of the initial drug test (with a negative result), he/she will be placed in the Random Pool after which he/she will be notified via U.S. mail to report to an . approved collection site for a random drug test. The individuals chosen for a random drug test will be selected anonymously, from a computerized selection program. Fifty percent (50%) of the currently active BCRC individual cardholders will be selected annually for random testing. Then, on a monthly basis, one - twelfth (1/12) of the selected employees will be notified to submit to a random test in order to update their BCRC identification cards and status. A copy of the form letters notifying individuals of their selection for this random test appears as an attachment A, B & C at the back of this booklet. Employees will be required to report to an approved collection site within seven (7) days from the date of the Notice for Random Testing letter in order to maintain their BCRC identification card and status. No employee will be required to submit to a random test more than twice (2) in a twelve (12) month period. All employees will be selected for a random at least once (1) every two (2) years. 15 If an employee does not provide a sample at an approved collection site within seven (7) days of having been notified of a random selection, his/her status in the BCRC Substance Abuse Program will be deemed "Not Available." Employees who fail to report for a random test in the required time should contact the Third Party Administrator (TPA). If an employee does not report for a random test, and it is the first (1) time the employee has failed to report, the TPA may allow the employee to take the test without reporting to the EAP for further review. Employees may choose to take a "First Occurrence Clause" at this time. Employees may utilize this clause only one (1) time. However, once this "First Occurrence Clause" has been utilized, an employee who fails to report for a random test at any time in the future will be required to contact to the EAP for evaluation and to receive instructions on the required procedure(s) for removing the "Not Available" status from his/her card. PROBABLE CAUSE TESTING An employee may be subject to drug and alcohol testing for Probable Cause based on observed and documented unusual behavior. Circumstances sufficient to lead a reasonable person to suspect that an employee is under the influence of,, or is in possession of a controlled substance shall be determined by an immediate supervisor and should be confirmed by one other supervisor whenever possible. The immediate supervisor shall document, in writing, the incident and the probable cause basis for such testing. The documentation shall specifically detail the behavior and conduct of the employee, the location, date, time, of observation, conversations, witnesses, (if any), and should be signed by the supervisor who witnessed the incident. Such employees may request that a union representative be available or present prior to any action taken by an employer, if any, at any stage of the policy and its administration. 16 POST -ACCIDENT / INCIDENT TESTING An employer may require an employee to submit to a post - accident drug and alcohol test after the involvement in, or cause of an accident/incident, that causes injury to the employee or another party. The employer may also require an employee to submit to a post -accident drug and alcohol test when the employee is involved in, or causes an accident, which results in damage or destruction to property. Post -accident drug and alcohol testing must be completed within two (2) hours of the recorded accident/incident if a BCRC testing facility is located on the job site or within four (4) hours of the recorded accident/incident if an employee is required to go off the job site to a BCRC testing facility. Any employee suspected of unnecessarily delaying the test process will be considered to have refused to submit to testing. In instances of post-accident/incident or probable cause testing for drugs and alcohol, the employee will be transported to the testing facility by the employer. At the option of the employer, the employee may be suspended pending the test result. In the event a negative test result is reported, the employee shall be compensated for all lost time at the appropriate rate within the collective bargaining agreement, straight or premium pay. ; When an employee is injured in a qualifying accident, priority must be given to the employee's medical treatment before any consideration is given to collecting a specimen for testing. Such employees may request that a union. representative be available or present prior to any action taken by an employer, if any, at any stage of the policy and its administration. If an employee is aggrieved by any action taken under this Drug and Alcohol Policy and his/her complaint cannot be resolved, the complaint may, if the employee or Union requests, be referred as grievance under the grievance and arbitration provisions of the employee's collective bargaining agreement. In the event the matter is referred to arbitration, the arbitrator shall be bound 17 substantively by the provision of this Drug and Alcohol Policy. "EMERGENCY" WORK ASSIGNMENTS To accommodate owners with emergency work, craft personnel who have not previously held a BCRC identification card or taken an initial drug test the following provisions will apply when starting for emergency work assignments. 1. Upon arrival at a job location for sign-up, the employer representative (Card Manager) shall request the employee to present his/her BCRC identification card. An individual that does not have a BCRC card at the time of hire will be requested to secure a card and submit to an initial drug test within one (1) day, in order to comply with the BCRC Policy. 2. An employee without a BCRC identification card may work one (1) day. On the second (2) day, a Chain of Custody form (as proof of having submitted to a drug test) or a BCRC card must be presented. 3. An employee who has provided a specimen for testing must bring to the job site his/her copy of the Chain of Custody form, given to him/her by the collection site, as proof that he/she has submitted to an initial test. 4. If the work assignments are consecutive, the employee will be allowed to work for up to a maximum of four (4) days in order for the employee to receive his BCRC identification card and have the employer Card Manager swipe the card for status verification. 5. If the member's work assignment is terminated by his/her employer before the member's status is verified within the allowable four (4) days for verification, and the individual is rehired, the member will have to provide the same employer a BCRC identification card at the second (2) rehiring sign up, and a clear status. Except in the event that the rehire is less then four (4) days from the initial hire date, the Individual, Local and Non -Local, BCRC card holder shall E accept and understand that should his/her drug test results be reported as positive, he/she will be subject to disciplinary action up to and including termination without obligation for further compensation by the BCRC affiliated employer. Such termination shall also be subject to the individual's rights under his/her collective bargaining agreement. CARD SYSTEM Employees will be required to give their BCRC Card ID Number to a Card Manager in order for the Card Manager to access the e-mail status confirmation system. Categories are: 1. Not On File (NOF) 2. Not Available (N/A) 3. Clear (CL) The Card Manager will also have access to safety training information, which has been downloaded through the Construction Advancement Foundation (CAF) and accessible through the BCRC scanner or email system only with the permission of each participating Local Union. STATUS CONFIRMATION Participating employers may verify the status of all BCRC employees, who are working, by having their card status verified on their job site in order to determine if the employee is available or not available under the BCRC program. The employer may use the Phone-in System, Scanner or Electronic e-mail for verification. When an employee's status is Not Available (NIA), he/she will be advised to contact the BCRC office to resolve the N/A status. The individual may be required to follow the consequences for a positive test within the BCRC Policy. The employer may verify the employee's card after four (4) days to reconfirm the status and if the employee's status is still NIA, the employer may terminate the employee. An employee who receives a status of N/A a second (2) time will be referred to the Employee Assistance Program for assessment, and will be required to follow the recommendations of the EAP Counselor before being considered for further assignments. The status of Clear (CL) will be restored only with written approval of the EAP. This procedure will protect the employee's confidentiality and allow the employer to audit .the status of his/her employees,. which may be required by the owner to be submitted monthly. INSUFFICIENT SPECIMEN A person who provides an insufficient specimen of urine or breath when required to do so shall be referred to an appropriate medical professional, as designated by the BCRC for evaluation at the participant's expense. If the medical evaluation fails to reveal an acceptable medical explanation for the inability to provide a specimen, the donor shall be considered to have refused to test and discipline shall be imposed according to this policy. If a legitimate medical reason is revealed no action shall be taken and the employee shall be reimbursed by BCRC for the medical evaluation expense. DILUTED SPECIMEN An employee providing a diluted specimen will be given the opportunity to return to a collection site within forty-eight (48) hours to provide a second (2) specimen, on his/her own time. Employees should refrain from excessive consumption of fluids prior to the retest. No adverse action or discipline shall be taken against any employee based on a first (1) diluted specimen. A second (2) diluted specimen, without a valid medical reason, will be treated as a refusal to submit to testing. ADULTERATED,. SUBSTITUTED, AND/OR OUT -OF -TEMPERATURE RANGE SPECIMEN When a urine specimen is reported as adulterated, or substituted, or when the temperature range is below 90 degrees or above 100 degrees F., the employee will be considered to have not cooperated with the testing process, and the test will be considered a refusal to be tested. In addition, the employee who has refused to be tested, or who uses or.possesses a counterfeit drug card, shall be subject to employer discipline up to and including discharge, subject'to the representation language. CONSEQUENCES FOR A POSITIVE TEST 1. An employee who tests positive for drugs and/or alcohol shall be contacted directly by the Medical Review Officer (MRO). If the MRO verifies the results of the positive test, the MRO will notify the individual that he or she is ineligible for work and he/she will be directed to contact the program's Employee Assistance Program (EAP) for consultation and review. If the MRO contacts the individual and finds that there is a reason for the positive test (an authorized prescriptive medication) the MRO will downgrade the result to a negative, and the individual's card will be marked "CL". 2. In the case of a confirmed positive drug or alcohol test, the Third Party Administrator (TPA) will be notified that the employee's status should be marked "N/A". The "N/A" status will be effective at the moment that a confirmed positive test is received. 21 3. Before returning to work, an employee must (1) complete an evaluation with the program's Employee Assistance Program provided by the BCRC EAP Provider, (2) follow a treatment plan prescribed by the program's EAP, (3) obtain written documentation from the program's EAP verifying fitness for duty, and (4) obtain a negative result on a return -to -duty test. 4. A confirmed positive test or a "NIA" status will not be the sole basis for termination of employment. Only employees who are in non-compliance with this program may be discharged. For the purposes of this provision, "non-compliance" shall mean one or more of the following: • Failure to report to the program's Employee Assistance Program as directed, • Failure to follow and/or,complete a EAP-prescribed treatment program, • Failure to take a return -to -duty or follow-up test, • Failure to report for a random test request within seven (7) days, • Failure to submit to a drug or alcohol test when requested to do so by the EAP 5. An individual testing positive for a third (3) time in a twelve (12) month period shall not be permitted to take a Return -to -Duty test for one (1) year and his/her BCRC Substance Abuse Card shall be invalidated for the same time period. The individual must also complete an EAP-prescribed treatment program before returning to work. For the purposes of this policy, a negative test must occur before any future positive tests will be counted as additional strikes. 6. An employee whose .test results are verified positive will be referred to the EAP by the MRO. The employee is expected to attend all appointments with the EAP counselor and to follow the EAP counselor's instructions. 22 RETURN -TO -DUTY TESTING The return -to -duty test is required for an employee to be re- instated into the program following a positive test. The participant must have a negative drug test before resuming performance of his/her job duties. FOLLOW-UP TESTING Follow-up testing for drugs and alcohol is a requirement in order for a returning employee to stay in compliance with the BCRC Program. Testing shall be determined by the Employee Assistance Counselor, and will be implemented when the employee returns to work. DISPUTED POSITIVE RESULTS An employee who disputes positive results shall have the right to have his/her initial sample independently re -tested by a Department of Health and Human Services (DHHS) certified laboratory of his/her choice, at his/her -own expense, within ten (10) working days of when he/she was notified of the. test results. A portion of the initial sample shall be forwarded under a chain - of -custody directly by BCRC's testing laboratory to the laboratory selected by the individual. Review of the drug test result must be performed by a qualified MRO who has been approved by BCRC. If the second lab report shows the presence of a controlled substance, the test result will be considered positive. If -the second lab report test indicates no presence of.a controlled substance, then both tests will be considered negative. The following section only applies when the employee tests due to Post -Accident or Probable Cause: If the test is negative, the affiliated employer will reimburse the individual for compensation lost at the appropriate rate within the collective bargaining agreement, straight or premium pay, during the period nn of his/her disciplinary suspension or termination and will reimburse the individual for the cost of the re -test. An individual whose test results are verified positive will be referred to the EAP by the MRO. The individual is expected to attend all appointments with the EAP counselor and to follow the counselor's recommendations and requirements... A positive alcohol testing conducted on a breath Sample cannot be re -tested. All problem situations shall be resolved in accordance with current guidelines and standards established by the U.S. DHHS or Department of Transportation. APPEALS AND PROTECTIONS Employees who are subject to this policy continue to have access to the usual protections provided as a part of their union membership and/or as members of bargaining units covered by collective bargaining agreements. Such individuals may request that a union representative be available or present prior to any action taken by an employer, if any, at any stage of the policy and its administration. If an individual is aggrieved by any action taken under this Drug and Alcohol Policy and his/her complaint cannot be resolved, the complaint may, if the individual or Union requests, be referred as a grievance under the grievance and arbitration provisions of the individual's collective bargaining agreement. In the event the matter is referred to arbitration, the arbitrator shall be bound substantively by the provisions of this Drug and Alcohol Policy. 24 Attachment A MY CHOICE! SWSWO rxF�c# t BUILDING & CONSTRUCTION RESOURCE CENTER, INC. Letter of Notice for Random Testin Dear Your name has been.randrnnly Selected by BC'RC's computer generated selection program to take a random drug test in order to ntikintain your "Clear" BCRC identification card status. Our computer progrant selects the names of one -twelfth (1/12) of 50`lo of all BCRC cardholders for update each month. No one will be tested in this system more than twice in a twelve nionth period. You will be required to report to an approved collection site within ~even (7) days from the date; of this "Notice for Random Testing" letter to stay in compliance with the BC' :C policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (clay) of (Month), 200�. This random test is to be taken on your own time at any of the approved collection sites identified on the enclosed collection site list. You will be mailed a $40.00 stipend for the. time necessary to secure random testing as lung :is your test is taken within seven (7) days of this notice. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Nut Available". Failure to report for a random test in the required tine it will be necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the "Not Available" status from your card. Remember it is your responsibility to keep the: BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Prograin (EAP) For you and your family. Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the; BCRC office Ca) ? 19-764-95(X) or tall free @ 877-988-5400 if you have any questions. 'l'hank you for your cooperation. Sincerely, James Bohlen Executive Director 25 Attachment B MY CHOICE? wMUAKT-f* ro+ut,� // - � // z BUILDING & CONSTRUCTION RESOURCE CENTER, INC. Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear' status on your BCRC identification card. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for random updating each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (day) of (Month), 200`. If you do not take your random test within seven (7) days of this notice, your BCRC card Status will be deemed "Not Available". Failure to report for a random test in the required time will make it necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the "Not Available" status from your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family. Perspectives' 24 hour, day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll free @ 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, James Bohlen Executive Director AIN Attachment C MY CHOICFI A ASS EAME.FW WDVV Aa r BUILDING & CONSTRUCTION RESOURCE CENTER, INC. Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear' status on your BCRC identification card. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for random updating each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days -from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must he tested no later than midnight the (day) of (Month), 200_. Tests may be taken on your Employer's/Contractor's time at the collection facility selected from the enclosed Iist. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Not Available". Failure to report for a random test in the required time will make it necessary for you to contact the BCRC office to weive instructions on the required procedurefs) for removing the "Not Available" status from your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family, Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll free @ 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, James Bohlen Executive Director 27 ATTACHMENT I BUILDING AND CONSTRUCTION RESOURCE CENTER INC. AUTHORIZATION FOR CONSENT TO DRUG AND ALCOHOL ANALYSIS AND AUTHORIZATION FOR RELEASE OF RESULTS I, the undersigned, , do hereby authorize the testing of my body fluids for employment reasons and understand and agree that the results of any such testing will be turned over to the Building and Constructions Resource Center, Inc. and, further that the testing procedures will be~limited to tests for prohibited and illegal drugs and controlled substances. I understand that the results of these tests may he used for employment and disciplinary reasons and hereby authorize the release of such infarrnation from the laboratory and MRO. I further certify that the urine specimen collected from me is mine and not adulterated or altered in any manner. I have been advised that matters affecting me relative to -the interpretation or application of the Drug Policy and subject exclusively to the grievance and arbitration procedure under my collective bargaining agreement (if applicable). Witness Date Time Signature of Applicant/Employee Employee's Social Security Number Employee's Telephone Number Employee's Address City State & Zip Code W ATTACHMENT II BCRC APPLICANT/CARDHOLDER DRUG TEST INFORMATION AND INSTRUCTION SHEET BCRC is exercising extreme care to ensure that strict quality control measures are followed in the collection, handling, and analysis of you specimen. You play an important role in this process and should be certain that you have provided an unadulterated specimen to the laboratory. Remember, you are certifying that the specimen which you provide is yours and is unadulterated. Any adulteration or switching of specimen is a breach of BCRC's rules and, if you are employed, may subject you to discipline up to and including termination by your employer. For your own protection and peace of mind, we ask that you: • Provide a picture identification to the collectionsite/technician at time of arrival; • Be escorted to a collection room and asked to provide an unadulterated specimen in the collection bottle provided. The bottle should be filled to 60 ml; • Return the specimen bottle to the medical technician and witness, initial and date the integrity seals placed on your specimen; • Verify the proper spelling of your name as recorded on the log sheet; • Verify that your social security number has been properly recorded; • Verify that the social security number placed on your specimen bottle is the same as that recorded on the log sheet and the Chain of Custody form. I HAVE READ THE ABOVE AND HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THIS PROCEDURE. BCRC Applicant/Cardholder Signature Date 7Q Building and Construction Resource Center, Inc. Board of Directors Officers Bill Hasse. President Calumet Builders Association Jay Potesta. Vice President Sheet Metal VVorkers• Union Finance Committee Aaron Carlberg Carpenters Union District Council Richard Greene, Secretary Laborers Local 41 Gary Keben,Treasure; Industrial Contractors Association Scott Vidimos Industrial Contractors Association Edward J. Shikany Ray Kasmark National Elect. Contractors Association IBEW Local 697 General Board Members James Strayer Building Trades Council (At Lure) Joe Guadagno Technical Engineers Local 130 Ed Posey Painters Local 460 Wayne Snider Operating Engineers !.oral 150 Ron Peters Calumet Builders Association Bob Goodpaster Industrial Contractors Association Dale Johnsen Bric'klcn•ers Local 4 'Charles Babilla Roofing Association Tom Nf uchesko Industrial Contractors Association Jeffrey Lussow Roofers Lrx•al 26 Jaynes Mitchell, Sr. Finishing Contractors Association Mark McCleskey Cement Finishers Local 406 Dewey Pearinan CA F (At Large) Tom Burke Pipe Fitters Local 597 Tom Owens Calumet Builders Associa..on Dave DePrizio Industrial Contractors Association Gregory Grimmer Calumet Builders Association Mitch Sawochka Teamsters Local 142 Bob Hoover Bricklayers Association Jim Stemmler Ironworkers Local 395 Kelly Keough Plumbing h Piping. Contractors Association David Misch Plumbers Local 210